After an injury or accident by negligence, the first thing most people want to know is how much their case is worth. Personal injury cases are very unique. The value of your case is determined by multiple factors, not just your medical bills. Let’s discuss some of the elements.
Who Was At-Fault and What Are the Fault Laws in Your State?
One element in a personal injury claim is who was at fault. In some states, the driver who was most at fault will be required to pay all the damages. In other states, your claim may be reduced by an amount if you are found to be partially responsible for the accident. In just a few places, if you are partially responsible for the accident, you may be prohibited from getting compensation. Your claim will depend on the laws where the accident occurred.
What Type of Damages Can You Recover?
Another element of what your case is worth is your actual damages. Unfortunately, the more severe your injuries are, the more money you might receive. You can claim your medical bills and physical property damage. These amounts are based on actual bills or appraised value of your car. Some damages are more subjective. You may be able to sue for pain and suffering or emotional distress. The monetary value of these things is harder to quantify. It depends on the amount of pain you experienced and will continue to experience. Medical and financial experts may have to value your situation based on different things. Your spouse or children may have a claim for loss of consortium. This refers to the relationship between you and your spouse and how the accident affected it. These types of damages could be awarded to your spouse, not you.
Is There a Source of Recovery?
The third key element in a personal injury case is the assets of the negligent party. Ideally, the at-fault party will have insurance that will provide the settlement. In reality, the other driver may not have insurance or any assets. In that case, it doesn’t matter how many medical bills you have or how much pain you’ve suffered, your case isn’t worth more than you can recover. It’s not fair, but it’s just how it is.
Talk to a Lawyer
Your personal injury case may be worth more than you think. It’s important to discuss your situation with a personal injury attorney in Scottsdale, AZ who knows the laws in your state and can assess your case to determine what the best steps are for you. Personal injury cases are not one-size-fits-all.
Thanks to Yearin Law Office for their insight into personal injury claims and what an average settlement is.